1972.03.13 ORD 1972-103 - Laserfiche WebLink

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2. LICENSE RE No person, except wiolesalers and manuactur- ers to the extent authorised by law, shall deal in or dis- p►se of by gift, sale or other - or keep or offer for sale, any beer within the Village without first having received a license as hereinafter pro- vided. Section 3. LICENSES DE- FINED. Licenses shall be of two kinds: -On Sale' and -Off Sale', and are defined as: Subd. A. ON SALE LI- CENSES. -On Sale' li- censes shall be granted to #permit the sale of such li- quor for consumption on the premises only, and shall be granted only to drug stores, cafes, restaurants, hotels, beer stores and in bonafide clubs. Subd. B. OFF SALE LI- CENSES. -Off Sale' 11- censes shall be granted to permit the ado at retail in the original container for consumption away from the licensed premises. Section 4. APPLICATIONS FOR: LICENSE. Every appli- astion for a license to 8011 bear shall be made on a form supplied by the Village and shall state the name oftheap- plicant, his age, represents - t" as to his.dnaracter with s6& references as . may be rigaired, : his citizenship, wh4*110 • the application is for 04M file' or *off sale', the business is connection with wMah She proposed Iioaase wo operate and its location, rpt applicant is owner anvil gi, siaof the business, hip bW he has been in that % i 1. 1- s at they place, and a& Wier 01eaatdian as the mai► regdre from ttnre ; time. It shall be un- laeildls>tlio�aulyftilse rM�ls- iw i1�► License fees shall be ddor- ' mined according to th0 fd- lowing: Subd. A. FEE DISPOSI'T'ION. Each application for a li- cense shall be accompanied by a receipt from the Vil- loge Treasurer forpayment in full of the required fee for the license. All fees shall be paid into the gen- eral &A of the municipal- ity. Upon rejection of any application for a license, the Treasure' shall refund the amount paid. Subd. B. LiC ENSE TERM. All licenses shall Mh*e on the last day otDecember in each year. Each license shall be issued for a period of one year, except that N a portion of the license year has elapsed when the appli- cation Is made, a license may be issued for the re- mainder of the year for apro rata fee. In computing such fee, any unexpired fraction of a month shall be counted as one month. Subd. C. AMOUNTS. The annual fee for an -on sale' license shall be $100.00. The annual fee for an •off sale' license shall be $15.00. Subd. D. LICENSE FEE, REFUNDABUM. No part of the fee paid for any Hi cense issued under this or- dinance shall be refunded except in the following in- stances upon application to the Council within 30 days from the happening of the event. There shall be re- f vided a pro rata portion of the fee for the unexpired period of the license, com- puted on a monthly basis, when operation of the 11 - conned: businest feasea not ::eaase .of: " (1) .Destruction or damage of the licensed prem- ises by fire or other catastrophe.- (2) The licensee's illness. (3) The licensee's death. (4) A change in the legal status of the munici- pality making It unlaw- ful for the licensed business to continue. Section 6. RECOMMENDA- TIONS OF VARIOUS DE- PARTMENTS. The Clerk shall investigate all facts set forth in the application and shall transmit -his recommen- dations to the Council, togeth- er with any reports from the police or the fire departments. Section 7. GRANTING OF LICENSE. After receivingthe recommendation from the Clerk, the Council shall act on the application as follows: Subd. A. COUNCIL AC- TION. The Village Coun- cil may investigate all facts set out in the application. Opportunity shall be given to any person to be heard for or against the grant- ing of the license. After such in vestigationandbear- Ing the Village Council shall grant or refuse the appli- cation in its discretion. Subd. B. LICENSE LDd1TA- TIONS. Each license shall be based to the applicant only and shall not be trans- ferable to another Bolder. Each license shall be is- sued only for the premises described An the applies - tion. No license may be transferred toanotherplace without the approval of the Village Council. Section 8. PERSONS INELI- GIBLE FOR LICENSE. No license shall be gran tedtoany person:. - Subd. A. MINOR. Under twenty-one years . of age. Subd. B. CONViCTEDFEL- ONY. W hohas been convict- ed of a felony, or of violat- ing the National Prohibition Act aq any law of this state or lodal ordinance relating to tie manufacture or tronagortation ofintaxicat- 8liquors. ikAdbd t. MANUFACTURER OFWho.is a man _ of beW or who ia, bed 110 .010 control -4 any ce where beer Is' C used. Sub& D. -ALM. Who is an Z'BID .310RAL. C.T9R.. whie 14 -ow Or, thio peeio4, , an; ofa Iledsrsl no quor eros Ravi stagy tar the sale. toadftg liquW at W placeurdess there. has also been, sued.to him .a local liconi to sellintoxicating Ikuo, at sucir.place. :: Subd. i G. NON-PROPRI- Who Is not the p r of the establish- ment for which the license is isslhed. Section 9. PLACES N- ELIGIB�E FOR LICENSE. The follpwinglimitafloqs shall apply td the eligibility for li- cense pursuant to this Ordi- nance: Subd.` A. PRIOR CONVIC- TION, No license shell be grantpd for• sale an any promises where a licensee has den convicted of the violation of this ordinance, or of the state beer or li- quor law, or where any. 11 - canoe hereunder has bean revdosd for cause until one yeah has elapsed after such conv#cdon or revocation. Subd. B. TAM N BUSI- NESS. No -on sale' license shall be granted for a busi- ness or club which has not been in operation and eligible been in operation and eli- gible to receive -a license for at least six months im- mediately preceding the ap- plication for a license. Section 10. CONDITIONS OF . LICENSE. Every license shall be granted subject to theconditions in the follow- h►g subdivisions and all other Provisions of this. ordinance and of any other applicable Ordinance. of the Village or state law. Subd. A. POSTING OF LI- CENSE. Alllicensedprem- ises shall have the license posted in a conspicuous place at all times. Subd. B. MINOR SALES. No beer shall be sold or sorved;,to any intoxicated person or to any person un- der 21 year$ .of age. Subd. C. MINOR CONSUMP- TION. No minor shall be permitted . to consume beer on the licensed premises unless accompanied by his parent or legal. guardian. 8ubd. D. MINOR- SERVICE. Ne minor under 21 shall be Astn*w is selloar..serve best 1n n m -on. saw, aa� m� . m,,-Anau ne; per - on any licensed OR WHOLESALERS. No manufacturer or wholesaler of beer shall have any own- ership of or, interest in an establishment licensed to sell at retail contrary to the provisions of M.S.A. 340.02. No retail licensee and manufacturer or whole- saler of beer shall be par- ties to any exclusive pur- chase contract. No retail licensee shall receive any benefits contrary to law from a mamdacturer or wholesaler of beer and no such manufacturer , or wholesaler shall confer any benefits contrary to law . upon a. retail licensee. Subd. G. FEDERAL LIQUOR DEALERS. No licensee shall sell beer while hold- ing or. exhibiting in the li- censed premises a Federal retail liquor dealer's spe- ew tax stamp unless he is licensed under the laws of Minnesota to sell Inioxiest- ms ms's.